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Governor Gretchen Whitmer is set to sign a package of ambitious decarbonization laws.
Michigan looks likely to pass an aggressive package of climate laws this week, as the state’s Democrats are set to capitalize on their first governing trifecta in nearly four decades.
The climate laws would require that 100% of Michigan’s electricity come from carbon-free sources by 2040, putting the state on par with the fastest state-level decarbonization deadlines nationwide. New York, Connecticut, Minnesota, and Oregon also aim to achieve zero-carbon electricity by 2040.
The bills would also open a new Just Transition Office within the Michigan Department of Labor and strengthen the state’s energy-efficiency and utility laws.
While other states have passed aggressive climate legislation, none of them are as politically contested — or quite as central to national politics — as Michigan.
“What’s really exciting is that this is probably the most purple state we’ve seen with a bold climate package on the cusp of the finish line,” Courtney Bourgoin, a senior policy manager for Evergreen Action, a climate advocacy group, told me.
“It’s going to be significant. This is a very pragmatic plan, but it builds off a strong foundation that we have in Michigan,” state Senator Sam Singh, who introduced one of the bills, told me. “It also positions us well to pull down the federal dollars that are available for this transition.”
Michigan’s Democrats are enjoying their first statehouse majority in nearly four decades. They have already repealed the state’s anti-union “right to work” laws and passed new LGBT protections.
The suite of four climate laws passed the state House of Representatives last week and is expected to go to the state Senate for a final vote in the next few days. The Senate already approved an earlier version of the legislation.
Governor Gretchen Whitmer is expected to sign the laws after passage. In August, Garlin Gilchrist, the state’s lieutenant governor, suggested in a speech that Whitmer supported the laws. Whitmer’s MI Healthy Climate Plan initially proposed zeroing out carbon pollution from the power sector by 2050, not 2040.
“The climate crisis is urgent,” Gilchrist said at the time. “We need to act now. We need to act legislatively. We need to act administratively.”
Here’s what the four proposed laws would do:
The first law sets a new, 100% clean-energy target by 2040. It also rewrites the state’s existing renewable portfolio standard to require that 60% of the state’s electricity come from wind, solar, or another renewable source by 2034. (The remaining 40% of electricity could come from nuclear power or natural gas with carbon capture.)
The second law sets new energy efficiency requirements for the state’s power and gas utilities. For the first time, utilities must spend at least 25% of their efficiency funds on low-income communities.
The law also encourages utilities to electrify people’s homes in the state by installing induction stoves or heat pumps. That’s particularly important because Michigan ranks among the top five states for use of home-heating oil.
A third law will allow the state’s public service commission, which regulates utilities, to consider climate and reliability questions while planning the state’s electricity grid.
The final law establishes a new Just Transition Office within the state’s labor and economic-development office that will advise the government about how best to retrain and help workers and communities who are hurt by decarbonization.
The office, for instance, could help connect “internal combustion engine vehicle workers” with retraining opportunities, counseling, skills matching, and potentially ways to replace their lost income. Most of its work would come from proposing new state programs, writing “transition plans” for various industries, or identifying federal funding. (My sense is that the office would be as effective and useful as the person directing it.)
“We’re going to be working with industry and workers concurrently,” Singh said. “I’m excited because we ensured that equity is part of the conversation as well as making sure we put strong labor requirements in as well.”
Another pair of proposals would let renewable-energy developers apply to the state’s public service commission for permission to build a project instead of going through a local zoning board. Michigan has highly restrictive local-level zoning rules on building new solar and wind, Sarah Mills, a University of Michigan researcher, told me.
While those proposals have passed the House, their fate in the Senate is less certain. The state’s fall legislative session ends on Friday.
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A conversation with VDE Americas CEO Brian Grenko.
This week’s Q&A is about hail. Last week, we explained how and why hail storm damage in Texas may have helped galvanize opposition to renewable energy there. So I decided to reach out to Brian Grenko, CEO of renewables engineering advisory firm VDE Americas, to talk about how developers can make sure their projects are not only resistant to hail but also prevent that sort of pushback.
The following conversation has been lightly edited for clarity.
Hiya Brian. So why’d you get into the hail issue?
Obviously solar panels are made with glass that can allow the sunlight to come through. People have to remember that when you install a project, you’re financing it for 35 to 40 years. While the odds of you getting significant hail in California or Arizona are low, it happens a lot throughout the country. And if you think about some of these large projects, they may be in the middle of nowhere, but they are taking hundreds if not thousands of acres of land in some cases. So the chances of them encountering large hail over that lifespan is pretty significant.
We partnered with one of the country’s foremost experts on hail and developed a really interesting technology that can digest radar data and tell folks if they’re developing a project what the [likelihood] will be if there’s significant hail.
Solar panels can withstand one-inch hail – a golfball size – but once you get over two inches, that’s when hail starts breaking solar panels. So it’s important to understand, first and foremost, if you’re developing a project, you need to know the frequency of those events. Once you know that, you need to start thinking about how to design a system to mitigate that risk.
The government agencies that look over land use, how do they handle this particular issue? Are there regulations in place to deal with hail risk?
The regulatory aspects still to consider are about land use. There are authorities with jurisdiction at the federal, state, and local level. Usually, it starts with the local level and with a use permit – a conditional use permit. The developer goes in front of the township or the city or the county, whoever has jurisdiction of wherever the property is going to go. That’s where it gets political.
To answer your question about hail, I don’t know if any of the [authority having jurisdictions] really care about hail. There are folks out there that don’t like solar because it’s an eyesore. I respect that – I don’t agree with that, per se, but I understand and appreciate it. There’s folks with an agenda that just don’t want solar.
So okay, how can developers approach hail risk in a way that makes communities more comfortable?
The bad news is that solar panels use a lot of glass. They take up a lot of land. If you have hail dropping from the sky, that’s a risk.
The good news is that you can design a system to be resilient to that. Even in places like Texas, where you get large hail, preparing can mean the difference between a project that is destroyed and a project that isn’t. We did a case study about a project in the East Texas area called Fighting Jays that had catastrophic damage. We’re very familiar with the area, we work with a lot of clients, and we found three other projects within a five-mile radius that all had minimal damage. That simple decision [to be ready for when storms hit] can make the complete difference.
And more of the week’s big fights around renewable energy.
1. Long Island, New York – We saw the face of the resistance to the war on renewable energy in the Big Apple this week, as protestors rallied in support of offshore wind for a change.
2. Elsewhere on Long Island – The city of Glen Cove is on the verge of being the next New York City-area community with a battery storage ban, discussing this week whether to ban BESS for at least one year amid fire fears.
3. Garrett County, Maryland – Fight readers tell me they’d like to hear a piece of good news for once, so here’s this: A 300-megawatt solar project proposed by REV Solar in rural Maryland appears to be moving forward without a hitch.
4. Stark County, Ohio – The Ohio Public Siting Board rejected Samsung C&T’s Stark Solar project, citing “consistent opposition to the project from each of the local government entities and their impacted constituents.”
5. Ingham County, Michigan – GOP lawmakers in the Michigan State Capitol are advancing legislation to undo the state’s permitting primacy law, which allows developers to evade municipalities that deny projects on unreasonable grounds. It’s unlikely the legislation will become law.
6. Churchill County, Nevada – Commissioners have upheld the special use permit for the Redwood Materials battery storage project we told you about last week.
Long Islanders, meanwhile, are showing up in support of offshore wind, and more in this week’s edition of The Fight.
Local renewables restrictions are on the rise in the Hawkeye State – and it might have something to do with carbon pipelines.
Iowa’s known as a renewables growth area, producing more wind energy than any other state and offering ample acreage for utility-scale solar development. This has happened despite the fact that Iowa, like Ohio, is home to many large agricultural facilities – a trait that has often fomented conflict over specific projects. Iowa has defied this logic in part because the state was very early to renewables, enacting a state portfolio standard in 1983, signed into law by a Republican governor.
But something else is now on the rise: Counties are passing anti-renewables moratoria and ordinances restricting solar and wind energy development. We analyzed Heatmap Pro data on local laws and found a rise in local restrictions starting in 2021, leading to nearly 20 of the state’s 99 counties – about one fifth – having some form of restrictive ordinance on solar, wind or battery storage.
What is sparking this hostility? Some of it might be counties following the partisan trend, as renewable energy has struggled in hyper-conservative spots in the U.S. But it may also have to do with an outsized focus on land use rights and energy development that emerged from the conflict over carbon pipelines, which has intensified opposition to any usage of eminent domain for energy development.
The central node of this tension is the Summit Carbon Solutions CO2 pipeline. As we explained in a previous edition of The Fight, the carbon transportation network would cross five states, and has galvanized rural opposition against it. Last November, I predicted the Summit pipeline would have an easier time under Trump because of his circle’s support for oil and gas, as well as the placement of former North Dakota Governor Doug Burgum as interior secretary, as Burgum was a major Summit supporter.
Admittedly, this prediction has turned out to be incorrect – but it had nothing to do with Trump. Instead, Summit is now stalled because grassroots opposition to the pipeline quickly mobilized to pressure regulators in states the pipeline is proposed to traverse. They’re aiming to deny the company permits and lobbying state legislatures to pass bills banning the use of eminent domain for carbon pipelines. One of those states is South Dakota, where the governor last month signed an eminent domain ban for CO2 pipelines. On Thursday, South Dakota regulators denied key permits for the pipeline for the third time in a row.
Another place where the Summit opposition is working furiously: Iowa, where opposition to the CO2 pipeline network is so intense that it became an issue in the 2020 presidential primary. Regulators in the state have been more willing to greenlight permits for the project, but grassroots activists have pressured many counties into some form of opposition.
The same counties with CO2 pipeline moratoria have enacted bans or land use restrictions on developing various forms of renewables, too. Like Kossuth County, which passed a resolution decrying the use of eminent domain to construct the Summit pipeline – and then three months later enacted a moratorium on utility-scale solar.
I asked Jessica Manzour, a conservation program associate with Sierra Club fighting the Summit pipeline, about this phenomenon earlier this week. She told me that some counties are opposing CO2 pipelines and then suddenly tacking on or pivoting to renewables next. In other cases, counties with a burgeoning opposition to renewables take up the pipeline cause, too. In either case, this general frustration with energy companies developing large plots of land is kicking up dust in places that previously may have had a much lower opposition risk.
“We painted a roadmap with this Summit fight,” said Jess Manzour, a campaigner with Sierra Club involved in organizing opposition to the pipeline at the grassroots level, who said zealous anti-renewables activists and officials are in some cases lumping these items together under a broad umbrella. ”I don’t know if it’s the people pushing for these ordinances, rather than people taking advantage of the situation.”